Mr. Feldman contributes to International Scientific and Professional Advisory Council of the United Nations Crime Prevention and Criminal Justice Program with "Efforts by Prosecutors and Private Counsels to Recover Cultural Property in the United States." Cases addressing art and cultural object recovery often implicate a variety of complex legal issues which practitioners must be prepared to recognize and address. It has been said that art and cultural property crime is a multibillion-dollar illegal enterprise. One of the largest markets for illicitly obtained art is the United States.
On the heels of the Central District of California's related September 2014 decision, Judge Colleen McMahon of the Southern District of New York, has denied Sirius' motion for summary judgment on Flo & Eddie, Inc.'s class action complaint alleging that Sirius XM Radio (Sirius) committed common law copyright infringement and engaged in unfair competition by publicly performing pre-1972 sound recordings of The Turtles, and by reproducing those recordings in aid of its performances. Flo & Eddie, Inc. v. Sirius XM Radio, Inc. (S.D.N.Y. Nov. 14, 2014). Absent Sirius convincing the court by December 5, 2014, that there are remaining issues of material fact that would require a trial, Judge McMahon will enter summary judgment in favor of Flo & Eddie as to copyright infringement liability and proceed to an inquest on damages.
When Governor Andrew Cuomo delayed a decision on whether to renominate Victoria Graffeo to the state's Court of Appeals two weeks ago, he dismissed the idea that party politics might influence his choice.
You represent a defendant in a putative class action in federal court. The lead plaintiff’s potential damages are de minimis, although lead plaintiff’s counsel is seeking millions on behalf of the putative class. You believe that if you can defeat the lead plaintiff’s motion for class certification, the (soon-to-be former) lead plaintiff will lose settlement leverage and quickly settle its claim for a trivial amount. After all, you think, now that class certification has been denied, your client no longer has to worry about classwide damages, right? If only it were that easy.
Pharmaceutical giant GlaxoSmithKline was fined $490 million earlier today by a court in China for violations of Chinese anti-corruption law. The bribery conviction also included criminal sentences for individual executives, including a suspended prison sentence and an ordered deportation for GSK’s British former head of China operations.